No matter what Drake and 21 Savage hoped to accomplish with the faux-Vogue issue that kicked off the pseudo-media blitz ahead of the joint album Her Loss — impressive album promotion, thoughtful cultural commentary, just general hijinks, or all three — those magazines have been distributed, their covers have been plastered across surfaces tangible and digital, and they now have a lawsuit of at least $4 million on their hands.
Last week, Vogue publisher Condé Nast levied a seven-claim suit against the rappers for reproducing their work and materials without permission and causing confusion amongst consumers while doing so. The principal claim is trademark infringement. On Wednesday, a judge ruled that Condé Nast had a good chance of winning their case and that the faux-Vogue operation must shut down temporarily – but, you know, the point had been made.
To Rebecca Tushnet, a professor of the First Amendment at Harvard Law School, there’s quite a bit to chew on here. “I have saved this as a potential exam question because it is very much at the edges of art versus commerce,” she said to me before the judgment was publicized. Tushnet specializes in trademark and false advertising law — she’s even advised and represented fan fiction websites in conflict with trademark owners.
“Sometimes when courts deal with art, they sort of think to themselves, ‘Okay, well maybe we should give a little more leeway. Maybe we should ask for more to make sure that if we’re going to suppress art...
Karnataka Deputy Chief Minister D K Shivakumar on Saturday rejected the claims of Congress MLAs from Tamil Nadu being shifted to a resort in Bengaluru post Assembly elections. He further said that ...